CONSTITUTIONAL LAW--DUE PROCESS--KANSAS INDUSTRIAL COURT

Authors

Abstract

Has the State power to regulate wages and to secure continuity of functioning in essential industries? The U. S. Supreme Court, in Wolff Packing Co. v. Court of Industrial Relations of Kansas, -- U. S. -- Adv. Op. June 11, 1923, says no, at least as to individuals or corporations, engaged in the production of food, but not strong enough to dominate or control the industry. The case involves the validity, under the Federal Constitution, of the Kansas Act establishing the Court of Industrial Relations, referred to hereinafter as the "Industrial Court." Special Session Laws of Kansas, 1920, Chap. 29, which declares the following to be affected with a public interest: (1) manufacture and preparation of food for human consumption; (2) manufacture of clothing; (3) mining or production of fuel; (4) transportation of food and fuel; (5) public utilities and common carriers. "The act vests an industrial court of three judges with power, upon its own initiative or on complaint, to summon the parties and hear any dispute over wages or other terms of employment in any such industry, and if it shall find the peace and health of the public imperiled by such controversy, it is required to make findings and fix the wages and other terms for the future conduct of the industry. * * * The Supreme Court of the state may review such orders, and, in case of disobedience to an order that court may be appealed to for enforcement." Statement of Taft, C. J.

Recommended Citation

CONSTITUTIONAL LAW--DUE PROCESS--KANSAS INDUSTRIAL COURT, 22 Mich. L. Rev. 135 (1923).
Available at: https://repository.law.umich.edu/mlr/vol22/iss2/5